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Refund Of Rent After Exercise Of A Break Clause

30th June, 2014

Those of you who attended our Break Rights & Dilapidations seminar earlier in the year will have heard the High Court gave hope of a refund of overpaid rent if a break date falls between rent payment dates.

Now the Court of Appeal has decided that a clause cannot be implied into the lease allowing a refund of the rent it had paid in advance in accordance with the express terms of the lease.

The court said that the parties could easily have included provisions in the lease that required the landlord to repay any rent (or other monies) attributable to the period after the lease came to an end.

For more information on this or any other break rights issue, please contact Emma McGlinchey on 01244 405567 or email [email protected]

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